Divorce (Sole Applicant) - Substituted Service / Dispensation of Service

Purpose of this Guide: Use this fork when your client is seeking a divorce as the sole applicant but the respondent cannot be located or is evading service, making standard personal service impossible. This plan covers the two alternative service pathways: applying for substituted service (serving by email, social media, or via a known third party) and applying for dispensation of service altogether where the respondent's whereabouts are genuinely unknown.\n\nJurisdiction: Federal Circuit and Family Court of Australia (FCFCOA), applying the Family Law Act 1975 (Cth) and Rule 2.34 of the Federal Circuit and Family Court of Australia (Family Law) Rules 2021. Applies nationally across all Australian registries. This plan is a fork of the standard sole applicant divorce plan.\n\nThe Process at a Glance: The lawyer first files the substantive Application for Divorce via the Commonwealth Courts Portal in the usual way. A professional process server is engaged and all reasonable personal service attempts are documented in a formal Affidavit of Non-Service. The lawyer then conducts or commissions skip-tracing through known addresses, relatives, social media, and public records. Where the respondent can be reached through a non-standard method, an Application in a Proceeding is filed seeking a substituted service order (for example, service via a specified email address or Facebook profile). Where service is genuinely impossible, an application for full dispensation of service is made. Both applications are supported by detailed affidavits establishing all steps taken and why standard service is impracticable. The court grants or refuses the application at an ex parte hearing. Once service is effected or dispensed with, the main divorce application proceeds to hearing, with the applicant unilaterally establishing the section 48 eligibility criteria and addressing section 55A arrangements for any children under 18.\n\nKey Legislation and Case Law: - s 48 (12 months separation as the sole ground for divorce), s 49 (separation under one roof - corroborating affidavit required), s 55A (proper arrangements for children under 18 must be established unilaterally by the applicant where the respondent does not participate). - Rule 2.25 (standard personal service requirements), Rule 2.34 (court's power to order substituted service or dispense with service entirely where personal service is impracticable). An Affidavit of Non-Service from the process server and a supporting Affidavit of Attempted Location from the applicant's solicitor are essential to the substituted service application. Evidence of skip-tracing, social media searches, and contact with known relatives must be documented. The divorce order becomes absolute one month and one day after it is made, triggering the 12-month limitation for property settlement under s 44(3) of the Act.